MR. JUSTICE LAMAR delivered the opinion of the court.
In 1903 Messenger made a homestead entry in the Coeur D'Alene Land District. He claimed to have entered in good faith and testified that he lived on the land with his family for some time. While thus in possession he cut many of the trees into stulls, which with the cordwood he sold to the Bunker Hill Company. In 1905 he abandoned the land and the Government brought suit against the Mining Company and recovered...
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